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Home My WebLink About1310 TOWN OF SOUTHOLD, NEW YOI%K ACTION OF THE ZONEgG BOAI~D OF APPEALS Appeal No. 1310 Dated December ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Hank & Lynn Ri~necker Schoolhouse Road Cutcho~ue, New York at a meeting of the Zoning Board of Appeals on January 8, 1970 was considered and the action indicated below was taken on- your ( ) Request for variance due to lack of access to proDerty ( ) Requesf for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) DATE ~[anua~y. 8, 1970 1969 A~pellant ~he appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector (-) be reversed ( ) be confirmed because 7.'30 P.M. (E.S.T.)~ upon application of Hank and Lynn Rienecker% Schoolhouse Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 305~ for permission to build new~ one family dwelling with reduced front yard setback~ 'Location of property: west side of Eastwood Drive-. Extension, Cutchogue, New York, Map of East-wood Estates~ Section IIw Lot % 25° 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity' of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and there~re, ~ was f~ther determin~ that the requested variance ( that ~e previous decisions of the Building Inspector ( ) be co~med ( SEE REVERSE PP uV£D FORM ZB4 ) be granted ( ) be reversed. ) be denied and ZONING BOARD OF APPEALS Be~N~ecretary Southold Town Board of Appeals After ihve~tigatioh and inspection the Board finds!~that the applicant requests permission to build new one family dwelling with reduced front yard setback. The Board agrees with the remsoning of the applicant. F~nancial cons~derat~0n Ks not a legal reason for granting a variance. The appitcant 'is the~owner of a lot which is 109' degp on one side and i73' deep On the other side. Difficulty of conforming with the front yard setback is obvious. Had the applicaht appeared here prior to locating the house, the Board is of the opinion that they would have granted an even greater reduction. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would no~ be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change theccharacter of the district and will observe the spirit of the Ordinance. THEREFORE, ,IT WAS RES,OLVED .~ank ,an4 L~ ~i~ecker~ Schoolhouse Ro~d,~C~t~hggue~_ N~ew _York~ b,e GRANTED per.~mission to bull4 new family dwelling with reduced front yard eetback as a~plied for on property located on west side of Eastwood Drive ~Exte~sion~ Cutchogue, . New York~ > ~ ::, , · Vebe of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. NOTICE OF IIEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dLuance of the Town of Southold, Suffolk Cotmty, New York, public hearings will be held by the Lug Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on January 8, 19~0 on the following appeals: 7:30 P. M. (EST), upon appli- cation of Honk and Lynn Rle- necker, Schoolhouse Road, Cut- chogue, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 305, for permission to build new one family dwelling with reduced front yard sotback. Location of property: west side of Eastwoed Drive Extension, Cutchogue, New York, Map-of Eastwood Estates, Section II, Lot NO. 25, 8:00 P. M. (EST), upon appli- cation of James, J. TreuchlLuger. 60 East End Avenue, Hicksville, New York, for a variance in cordance with the Zoning Ordi- nance, Article III, Section 304, for permission to build new one family dwelling with less than required front yard setback Lceation of property: north side of North Parish Drive, Southold, New i York, bounded north by the Bay, e~st by Matthews, south by North Parish Drive, west by Vonkleeck, 8:55 P. M. (EST), a rehearing on Appeal No. 795; upon applica- tion of Vail Bros.,Inc.,Main Road & Peco~lc Lane, Peconic, New York, for a special exception in, accordance with the Zoning d~mce, Article IV, Section 40~, Subsection (b), for pernflssion to re-locate exisbl~ wall s~n. cation of property; northeast cor- ner of Iv~n Road and Pecontc Lane, Peconic, New York, bound- ed north by L. Gozelskl. east by L. Gozelski, south by Main Road, west by Pesouic Lane. Any person desirh~ to be heard on the above applications should appear at ~he time and place specified. DA'i'E~: DEC~ER 11, 1969 BY ORDER OF SOt~'rHOLD TOW~ BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that lhe notice of which the ~nnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Wotch- mort once eoch week for ....................... ~ .......... successively, commencing on the ............... ./.~/,'. ............ oyof ....... .......... Sworn to before me this ......... r~,/;~.j~.g,~.., day of ...... ...... Nof2ry Pub~ / Ptrsuant to Seefioll~ of the T~w~ Law and the ~ of Suffolk Camty, New York, public Zoaing Board of Al~onls of the Town of Sonthold, at the Town Office. Main Road, Sontboid, New Yolk, oil Jannary 8, 1970 on 7:~0 P.M. (E.S.T.), upon ap- -plicati~n of Hank and Lynn Riem~ker, Scboelboes~ Road, Cutchogae, New York, for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 3~ for permission in build new one family dwelling with reduced front yard setback. Lacation of propel~y: west side of Eastwood Drive Extension, Cutcbogue, New Yor~Map of Eastwond Estates, Sec{Co~H, Lot No. 25. 8:00 P.M. (E.S.~), upon ap- plication of James & Treucht- linger, 60 East End Avenue, Hicksville, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to b~ld ne~ one family dwelling with less than req~red front yard setback. Location of property: north s~de of North Parish Drive, Sontbold, New York, bounded north by the Bay, east by Mat- thews, south by North Parish Drive, west by G. Vanldeeck. 8:15 P.M: (E.S.T.), a rehearing ~ ~ No. 795; ul0on applica- tiaa of Vail Bros., Inc., Main .~,oad.& Peconic fane, Peconic, New York, for a special exception in aceo~amYe with the Zoning 4~, Subsection (b), for per- misaien to re-locate ,~ti~ting wall east corn~ of Main Road and ~Peconic Lane, Peconic, New 'York, bounded noTth by L. Ga~elski, east by L. Gozelski, south by Main Road, west by on the above applications should appear at the time and place BOARD OF APPEALS COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: says that .. ~. ~ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the ~mne~ed is a printed copy, has been published in the sa~d Suffolk Weekly Times once in each w~ek, ~or .......... .~..~ ............. weekf~ successively commencing on the ....~-~....~.~.~ ......... Sworn to before me this . . .~. i.~:... ~ F. LAN(;TON COR\VIN L.ommissicm l.xplrcs Marcl~ 3 ~, 19 ,.~l FOI%~I ~. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. i~OTiC~- OF DISAPPEOVAL File No .................................................................. Date ..................... ..D...e...c...e.~ .e..~ ...... ..~. ........... 19...~..~.. To ....~.-.?.?,:~. [[.. ~ .~...~. ~?..?.'.~..?. ~....~.'..?[..i...~.?.. ................... .......... .C.~f~h~.gne .......... N...Y. .............................. Sketch of plot _ PLEASE TAKE NOTICE that your ~~ datec~ .................... ~.~C......~ .............. 19.~.9.. for permit to construct .~:,e.!!.J~g .................. at the premises located at ........ ~,~t/~...Eaat~.~od Dr .......................................................................... Street ,Map ..... .~..a...s..t..,. ~.~..o...o..d... ,. ~..s..,t...~Ek .... s.~....~T. ..................... Lot .... 2.~- ........................................ is ~X~ei ,~ft~Y~ disapproved on the fo]lowing grounds ....... E-~as.t...C.c2.n~...$£. ...... b~i~5,ing,., has...Lu~u.£~i.c .~n.t...,.~ at...b~r~.. £ a~...a¥~ g.e...c~, s.t r.e$ t.....~.,k,~,.7....Z.t.~ Building Luspector I ~¢~/f~ TOWN OF $OUTHOLD, NEW ¥ORI( APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APREALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ....D..e...q.,.....8.. b .!.¥°. ~.c) Name of AppeJla,n~ Street and Number ....................... ~.u..%o...~..o.~.~.¢.. ................................................. ..~.R:~:..¥..o..zT.~. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .......... ..L(.,~.4..~..[ ................ DATED ....... .~.;.o..?;.,....~.&..~.9.~. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and X4umber ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Hank Rienecker Name of Applicant for permit .... ................................... Municipality State I. LOCATION OF THE PROPERTY ....~..8..q~.W..o..o.~..~,.~.~..~,v~A ........ .:.."~..A..~...,D..~-..s.~.~.i...o.~ ............. Street Use District on Zoning Map Map No. Lot No. Cuteho~ ~ N~.w 2. PROVISION (S) OF THE ZONING ORDINANCE APPEAkED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article iii Section 90f 3. TYPE OF APPEAL Appeal is made herewith for (X~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal i~4.~i~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a veriance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~]E) A Variance to the Zoning Ordinance ( ) is requested for the reason that in ~1;~cem~n~ .~9 gain a reasonably sised rear yard, I inadvertently started ~fi~'%ruction of my house about ~ feet in front of the average set-back line established by the two other houses on the street, Form ZB/ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSI~IIP because the design of the house is such that an alteration to conform to the average set-back line would be almost impossible and at that, more costly than I could afford. 2. The hardship createdis UNIQUE andisnotshared by all properties alike in the immediate vicinity ofthis proper~ and in this use district beta:use the neighboring lot is exceptionally deep, over 200,~t, alowing it's owner to establish an above average set-back of 59 feet, My lot, on the other hand, narrows down to 109 feet on the disputed side leaving me at a disadvantage in trying to uphold the average set-back. Please see the accompanying sketch. 3. The Variance would obse~e the,spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the house itself is being constructed at an angle to the road so as to establish a front yard that wiii conform with the other houses presently located here. STATE OF NEW YORK ) COUNTY ) Sworn to this ................... .l.,~t .................... day of ........................... 19 / -- ,~-~ Signatu re /__/ Notary Public / 'ELIZAB[T,H A~ FiF_V~I_LE 'NOTARY PUBLIC, St~te rf ',",evz York No. 52-81258?, Suff~','/, County l~rm Expires March 30, ,/ CUtCHOGUE ]~935